Re: [ga] WLS Suggestion

[Andy Gardner <andy@navigator.co.nz>]

At 8:47 AM -0700 8/24/02, kent@songbird.com wrote:
>On Sat, Aug 24, 2002 at 07:17:58AM -0700, Patrick wrote:
>>
>> I think that the failed experiment that is ICANN illustrates that a
>> private body should not be in the role of regulating monopolies.
>
>To the extent that people have tried to force ICANN into a quasi
>governmental role of a regulator, with all the trappings of elections
>and so on, it has been a failed experiment.  But if you operate from the
>premise that ICANN has *never* been in the position of regulator, then
>it has done quite well.

You've done quite well out of it, that's for sure.

>It's worth noting that there is absolutely nothing in the bylaws or
>structure of ICANN that have the magic ability to turn it into a
>regulator, or to grant it more power.(*) ICANN is constrained at a much
>more basic level, because its only instruments are contracts.  This
>means that whatever policies ICANN may adopt through its policy-making
>process can *always* be trumped by the legal realities of contract
>negotiations.

Ah. Contract negotiations.

Original registry contract written entirely by Joe Sims.

THat's including the broken bits.

New bits drafted entirely by JOE SIMS.

Verisign allows the holes to be plugged by negotiating to keep the registrar.

So mistakes by Joe Sims allowed the monopoly to perpetuate.

Joe Sims then tells us in a public meeting that the changes to the contract
are not-negotiable, expecting the contract changes he's written to get
rubber stamped by the board.

The contract Joe Sims writes gets rubber stamped by the board, INCLUDING
the NC reps who vote against the wishes of the NC.

DoC wades in and PROVES the contract changes ARE negotiable.

But Verisign gets to keep ownership of its registrar.

Joe Sims gets paid for the original work, gets paid to fix it and DOESN"T
get penalised 1 cent for allowing Verisign to butt-fuck ICANN and the
entire Internet community.

So we have ONE MONUMENTAL FUCK-UP by Joe Sims, that screwed up the entire
DoC mandate of ensuring competition, and Joe Sims is STILL THERE, and still
getting paid INCREDIBLY HUGE amounts of money, and he's STILL FUCKING IT
ALL UP - this time via his little "staff legal counsel" minion,  who has
more power over the BoD than the NC, DNSO, GA or anyone.

>(+) There are a number of very mundane, essentially clerical tasks that
>ICANN deals with that simply take human beings to deal with -- eg,
>dealing with the large volume of email that is sent to the
>"abuse@iana.org" address.

Well, gee-whiz Kent. Maybe if ICANN started ENFORCING its registrar contact
and PULLING ACCREDITATION, the number of complaints might go down?

And let's have one last rousing "FUCK YOU, JOE SIMS", just in case he
doesn't realise how much he's loathed.

-- 
Andrew P. Gardner
barcelona.com stolen, stmoritz.com stays. What's uniform about the UDRP?
We could ask ICANN to send WIPO a clue, but do they have any to spare?
Get active: http://www.tldlobby.com
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